Appeal 2007-1443
Application 09/813,636
1 product volumes. Historical information is preferably used to create this
2 information (Morgan, col. 7, ll. 56-63).
3 10) Creating forecasts and budgets, including activity forecasts, with estimated
4 projections for equipment utilization, activity cost information and product
5 volumes is a processing of the tasks and entries within the forecast model.
6 11) Preferentially using historical information implies alternatively not using
7 such historical information.
8 12) On the first implementation of a business plan, there will be no historical
9 information and thus modeling and forecasting will be done before entry of any
10 historical information.
11 13) Thus, Morgan implies processing the task and entries before entry of any
12 historical information, both as an alternative implementation and on initial
13 implementation.
14 14) A person of ordinary skill in the art of business forecasting has knowledge
15 and experience in formulating business models, entering inputs, such as tasks
16 and resources for such models, and generating reports based on such models.
17
18 PRINCIPLES OF LAW
19 Our reviewing court provided the following holding in Warmerdam:
20 Despite the oft-quoted statement in the legislative history of the 1952
21 Patent Act that Congress intended that statutory subject matter
22 "include anything under the sun that is made by man," S. Rep. No.
23 1979, 82d Cong., 2d Sess., 5 (1952), reprinted in 1952 U.S.C.C.A.N.
24 2394, 2399; H.R. Rep. No. 1923, 82d Cong., 2d Sess., 6 (1952),
25 Congress did not so mandate. Congress included in patentable subject
26 matter only those things that qualify as "any . . . process, machine,
6
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